18 May 2020


Judgments

High Court of Bombay

Apurba Kumar and Ors. Vs. The Institute of Banking Personnel Selection and Ors.

MANU/MH/2789/2018

05.10.2018

Service

Mere inclusion of candidate's name in the select list does not confer any right to be appointed even if some of the vacancies remain unfilled

In present matter, Respondent No. 1 is an Autonomous Body, who is entrusted with the duty to conduct recruitment process for the post of Probationary Officers/Management Trainees for the Respondents-participating organizations. Pursuant to selection process for the post of Probationary Officers/Management Trainees for the year 2016-2017, the Petitioners' selection as wait list/reserve list candidates and right of the Petitioners to claim appointment is the subject matter of the present petition.

The Petitioners participated in the selection process for the post of Probationary Officers/Management Trainees for the year 2016-2017. The very advertisement provides for on-line examination process which speaks of the filling up of the post during the financial year 2016-2017 based on the business needs of the Respondents-participating organizations. It is also required to be noted that, the guidelines in the said advertisement provide for the automatic expiry of the validity of the select list/wait list after 31st March, 2017.

Clause-F i.e. Provisional Allotment of the advertisement provides that, there is no absolute right in favour of the candidate who claims right of appointment as per the advertisement and the clearing of the examination by the concerned candidate will not constitute offer for employment. It further provides for reserve list to the extent of 10% of the vacancies under each category is required to be maintained. However, the same does not guarantee the provisional allotment/recruitment by the participating organization(s)/other financial organizations. It also provides that, the reserve list will automatically expire on 31st March, 2017.

The Hon'ble Supreme Court in the matter of Sankarsan Dash v. Union of India has already held that, if name of the candidate appears in the select list, he does not have absolute right in asking for the appointment. Mere inclusion of candidate's name in the select list does not confer any right to be appointed even if some of the vacancies remain unfilled. The concern candidate cannot claim that, there is a hostile discrimination. Petition dismissed.

Relevant

Shankarsan Dash vs. Union of India MANU/SC/0373/1991

Tags : Wait list Appointment Grant

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